Le texte complet de cette page n'a pas encore été traduit, il est donc affiché en anglais ci-dessous. Le résumé, les libellés et les informations de sécurité ci-dessus sont traduits.
A 14-year-old in Meridian is sent to the office after an argument in class, and by the end of the day the word 'suspension' is on the table. Her father wants to know what the school has to do first. In Mississippi, most of the answer is in one document: the district's code of student conduct. State law tells every district what that code must contain, and the U.S. Constitution sets a floor under it.
Who has to be in school
The Mississippi Compulsory School Attendance Law covers a child who turns 6 on or before September 1 and has not turned 17 on or before September 1 of that year. A 5-year-old enrolled in full-day public kindergarten is covered too. The child can be in a public school, a private school, or home instruction.
Absences add up. Under the law, 12 unlawful absences in a school year, meaning absences without a reason the law accepts, can support a case against a parent. The Mississippi Department of Education (MDE) employs the school attendance officers who follow up.
Suspension and expulsion: the steps are written down
Each school board must adopt a code of student conduct and hand it out at the start of every school year. State law says that code must list the grounds for discipline and the procedures for suspension and expulsion, and those procedures must meet due process, which means fair notice and a fair chance to be heard. Parents sign a statement that they received the district's discipline plan.
The federal floor comes from Goss v. Lopez (1975). The Supreme Court held that even for a suspension of 10 days or less, a public school student must get notice of the charges and, if the student denies them, an explanation of the evidence and a chance to tell their side. Ask for that conversation. You are allowed to.
Mississippi also has stricter rules. A student with a controlled substance, a weapon, or a violent act on school property faces automatic expulsion for a calendar year, though the superintendent can shorten it case by case, and the student has the right to appeal to the local school board. A student 13 or older who breaks a behavior plan can be expelled after a third disruptive act in one school year.
One more fact many families do not expect: Mississippi law allows corporal punishment, meaning reasonable physical force by a teacher or principal to keep discipline. Your district's policy says whether and how it is used.
Bullying: what the district must have in place
Mississippi law bans bullying or harassing behavior on school property, at school events, and on the school bus. It also bans retaliation against a victim or a witness who reports it. A school employee who sees bullying or has reliable information about it must report it to the right school official.
Every district's policy must set a way to report, investigate, and decide whether bullying happened. It must tell the parents of both students within a reasonable time and list counseling options. A student found to be a victim cannot be disciplined for reasonable self-defense.
What to do next
Start with your district's code of student conduct and its website. Mississippi law says the bullying reporting procedure must be posted on the district's website, so look there first and report in writing. Keep a copy.
For an expulsion, ask in writing for the hearing and the appeal to the local school board. For attendance questions, MDE's Office of Compulsory School Attendance Enforcement is the state office. We could not confirm one statewide MDE complaint form for discipline decisions, so ask MDE directly which office handles your concern.
À retenir
- Mississippi requires school for children from age 6 until they turn 17, counted from September 1.
- Your district's code of student conduct must spell out due-process steps for suspension and expulsion, and Goss v. Lopez guarantees notice and a chance to tell your side.
- Weapons, drugs, or violence at school can bring automatic expulsion for a calendar year, with a right to appeal to the local school board.
- Each district must post its bullying reporting procedure online and tell both families after an incident.
Sources
- Mississippi Department of Education: Quick reference to school related statutes (s'ouvre dans un nouvel onglet)
- Mississippi Department of Education: Compulsory School Attendance Enforcement FAQ (s'ouvre dans un nouvel onglet)
- Legal Information Institute: Goss v. Lopez (1975) (s'ouvre dans un nouvel onglet)
Cet article donne des informations éducatives générales, pas un conseil juridique personnalisé. KidsKnowRights n'est pas un cabinet d'avocats, et lire cet article ne crée pas de relation avocat-client. Les lois varient selon l'État, l'âge et les circonstances, et elles changent avec le temps. Pour un conseil sur une situation réelle, adresse-toi à un avocat agréé ou à un organisme d'aide juridique.